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D A Thomas QC is the author of the Sentencing Referencer 2011 and editor of Current Sentencing Practice.
Lyndon Harris, a barrister who specialises in sentencing practice, suggested that 18 weeks was not surprising even though it was at the upper end of magistrates' sentencing guidelines.
"The judgment of the world's nations that a particular sentencing practice is inconsistent with basic principles of decency," Justice Kennedy wrote, "demonstrates that the court's rationale has respected reasoning to support it".
"Essentially the guideline maintains the previous sentencing practice with the exception of drug mules and large-scale production offences where the range of sentences is slightly greater than previously".
He and Rosemary Scapicchio, representing the other defendant, Ducan Fanfan, both said that under current sentencing practice, the government "proves the easiest charge and saves the heart of the case for sentencing," as Mr. Kelly put it.
Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only by broad sentencing standards, a sentencing reform movement in the 1980s transformed sentencing practice through the advent of sentencing guidelines and mandatory minimum provisions.
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Guidelines and Mandatory Minimums. Can Guidelines Change Sentencing Practices?
Both the law and sentencing practices have changed since Mr. Polanski was arrested.
Sentencing practices at international criminal tribunals tend to suffer from a lack of consistency and transparency.
The opinion reflects on the use and limitations of algorithms as applied to sentencing practices.
More important, he said, "foreign laws and sentencing practices" are "irrelevant to the meaning of our Constitution".
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